BILL REQ. #:  H-1667.1 

Read first time 02/09/09.   Referred to Committee on Local Government & Housing.

     AN ACT Relating to annexations in counties with more than one million five hundred thousand residents; amending RCW 35.13.130 and 35A.14.120; adding new sections to chapter 35.13 RCW; adding new sections to chapter 35A.14 RCW; adding a new section to chapter 35.13A RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature recognizes that counties and cities, the general purpose local governments that are closest to the people, are charged with providing numerous and diverse services to their residents. In providing these services, counties and cities must respond to legislative and citizen directives, and a changing, and often challenging, financial landscape.
     (2) The legislature recognizes that population growth and the enactment and maturation of the growth management act has resulted in many governance changes throughout the state, as annexations and incorporations have expanded existing cities and created new incorporated areas. These actions have been consistent with growth management act principles that call for growth to be thoughtfully and deliberately directed to urban areas and areas characterized by urban growth. These actions have also been consistent with pronouncements of the act specifying that, in general, cities are most appropriate providers of urban governmental services, the services and facilities that are historically and typically provided in cities.
     (3) Recognizing the governance efficiencies that will result from the annexation of urban and urbanizing areas in the state's largest counties, the principles of fairness that will take root as rural residents cease to bear the costs of providing urban governmental services in unincorporated urban and urbanizing areas, and the unprecedented financial pressures that local governments face, the legislature intends to establish new annexation mechanisms and related fiscal provisions that apply in counties with more than one million five hundred thousand residents.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.13 RCW to read as follows:
     (1) The legislative body of a city or town in a county planning under RCW 36.70A.040 that has more than one million five hundred thousand residents may resolve to annex territory to the city or town if:
     (a) The area subject to annexation is within the same county and urban growth area as the city or town; and
     (b) At least fifty-one percent of the boundaries of the area subject to annexation are contiguous to the city or town.
     (2) The resolution must describe the boundaries of the area to be annexed, state the number of voters residing in the area as nearly as may be, and set a date for a public hearing on the resolution for annexation. Notice of the hearing must be given by publication of the resolution at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the city or town and one or more newspapers of general circulation within the area to be annexed.
     (3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city or town that is also bounded by the same river, lake, or other body of water. For purposes of determining contiguity percentages under subsection (1)(b) of this section, the following shall not be considered: The boundaries of areas proposed for annexation that are coterminous with urban growth area boundaries; and the boundaries of areas proposed for annexation that are coterminous with a city or town that is not proposing annexation under this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 35.13 RCW to read as follows:
     The annexation ordinance provided for in section 2 of this act is subject to referendum for forty-five days after its passage. Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by qualified electors in number equal to not less than fifty percent of the votes cast in the last general state election in the area to be annexed, the question of annexation must be submitted to the voters of the area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330. Notice of the election must be given as provided in RCW 35.13.080 and the election must be conducted as provided in the general election law. The annexation must be deemed approved by the voters unless two-thirds of the votes cast on the proposition are in opposition thereto.
     After the expiration of the forty-fifth day from, but excluding the date of, passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, the area annexed must become a part of the city or town upon the date fixed in the ordinance of annexation.

NEW SECTION.  Sec. 4   A new section is added to chapter 35A.14 RCW to read as follows:
     (1) The legislative body of a code city in a county planning under RCW 36.70A.040 that has more than one million five hundred thousand residents may resolve to annex territory to the city if:
     (a) The area subject to annexation is within the same county and urban growth area as the city; and
     (b) At least fifty-one percent of the boundaries of the area subject to annexation are contiguous to the city.
     (2) The resolution must describe the boundaries of the area to be annexed, state the number of voters residing in the area as nearly as may be, and set a date for a public hearing on the resolution for annexation. Notice of the hearing must be given by publication of the resolution at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the city and one or more newspapers of general circulation within the area to be annexed.
     (3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water. For purposes of determining contiguity percentages under subsection (1)(b) of this section, the following shall not be considered: The boundaries of areas proposed for annexation that are coterminous with urban growth area boundaries; and the boundaries of areas proposed for annexation that are coterminous with a city or town that is not proposing annexation under this section.

NEW SECTION.  Sec. 5   A new section is added to chapter 35A.14 RCW to read as follows:
     The annexation ordinance provided for in section 4 of this act is subject to referendum for forty-five days after its passage. Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by qualified electors in number equal to not less than fifty percent of the votes cast in the last general state election in the area to be annexed, the question of annexation must be submitted to the voters of the area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330. Notice of the election must be given as provided in RCW 35.13.080 and the election must be conducted as provided in the general election law. The annexation must be deemed approved by the voters unless two-thirds of the votes cast on the proposition are in opposition thereto.
     After the expiration of the forty-fifth day from, but excluding the date of, passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, the area annexed must become a part of the city or town upon the date fixed in the ordinance of annexation.

NEW SECTION.  Sec. 6   A new section is added to chapter 35.13 RCW to read as follows:
     The method of annexation provided for in sections 2 and 3 of this act is an alternative method and is in addition to other methods of annexation authorized under this chapter.

NEW SECTION.  Sec. 7   A new section is added to chapter 35A.14 RCW to read as follows:
     The method of annexation provided for in sections 4 and 5 of this act is an alternative method and is in addition to other methods of annexation authorized under this chapter.

Sec. 8   RCW 35.13.130 and 1990 c 33 s 566 are each amended to read as follows:
     (1) A petition for annexation of an area contiguous to a city or town may be made in writing addressed to and filed with the legislative body of the municipality to which annexation is desired. Except where all the property sought to be annexed is property of a school district, and the school directors thereof file the petition for annexation as in RCW 28A.335.110 authorized, or as provided in subsection (4) of this section, the petition must be signed by the owners of not less than seventy-five percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned: PROVIDED, That in cities and towns with populations greater than one hundred sixty thousand located east of the Cascade mountains, the owner of tax exempt property may sign an annexation petition and have the tax exempt property annexed into the city or town, but the value of the tax exempt property shall not be used in calculating the sufficiency of the required property owner signatures unless only tax exempt property is proposed to be annexed into the city or town.
     (2) The petition shall set forth a description of the property according to government legal subdivisions or legal plats which is in compliance with RCW 35.02.170, and shall be accompanied by a plat which outlines the boundaries of the property sought to be annexed.
     (3) If the legislative body has required the assumption of all or of any portion of city or town indebtedness by the area annexed, and/or the adoption of a comprehensive plan for the area to be annexed, these facts, together with a quotation of the minute entry of such requirement or requirements shall be set forth in the petition.
     (4) A petition for annexation under this section in a county with more than one million five hundred thousand residents must be signed by the owners of not less than fifty-one percent in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned.

Sec. 9   RCW 35A.14.120 and 1989 c 351 s 6 are each amended to read as follows:
     (1) Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner. This method of annexation shall be alternative to other methods provided in this chapter. Prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings.
     (2) The legislative body shall set a date, not later than sixty days after the filing of the request, for a meeting with the initiating parties to determine whether the code city will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a proposal has been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, and whether it shall require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. If the legislative body requires the assumption of all or of any portion of indebtedness and/or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate these facts. Approval by the legislative body shall be a condition precedent to circulation of the petition. There shall be no appeal from the decision of the legislative body.
     (3) A petition for annexation of an area contiguous to a code city may be filed with the legislative body of the municipality to which annexation is desired. ((It)) Except as provided otherwise by this section, the petition for annexation must be signed by the owners, as defined by RCW 35A.01.040(9) (a) through (d), of not less than sixty percent in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned: PROVIDED, That a petition for annexation of an area having at least eighty percent of the boundaries of such area contiguous with a portion of the boundaries of the code city, not including that portion of the boundary of the area proposed to be annexed that is coterminous with a portion of the boundary between two counties in this state, need be signed by only the owners of not less than fifty percent in value according to the assessed valuation for general taxation of the property for which the annexation is petitioned. Such petition shall set forth a description of the property according to government legal subdivisions or legal plats and shall be accompanied by a map which outlines the boundaries of the property sought to be annexed.
     (4) If the legislative body has required the assumption of all or any portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together with a quotation of the minute entry of such requirement, or requirements, shall also be set forth in the petition.
     (5) A petition for annexation under this section in a county with more than one million five hundred thousand residents must be signed by the owners of not less than fifty-one percent in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned.

NEW SECTION.  Sec. 10   A new section is added to chapter 35.13A RCW to read as follows:
     Whenever a portion of a district equal to at least fifty-one percent of the area, or fifty-one percent of the assessed valuation of the real property lying within such district, is included within the corporate boundaries of a city located in a county with more than one million five hundred thousand residents, the city may assume by ordinance the full and complete management and control of that portion of the entire district not included within another city, whereupon the provisions of RCW 35.13A.020 shall be operative.